(1) Existing law makes it a misdemeanor to willfully fail to appear in court, as specified. Existing law, when a person has failed to appear and has not posted bail, requires the magistrate to issue a warrant for the person's arrest within 20 days of the failure to appear. This bill would make those sections only apply when the underlying charge is not an infraction. (2) Existing law authorizes the issuance of a bench warrant of arrest when a person fails to appear in court as promised in specified criminal proceedings. This bill would prohibit the issuance of a bench warrant of arrest when the underlying crime is an infraction issued pursuant to the Vehicle Code. The bill would require bench warrants for other infractions to be limited to only authorizing arrest and booking at the scene followed by immediate release, as specified. (3) Existing law makes it a misdemeanor to willfully fail to appear in court for a violation of the Vehicle Code, and requires the court to report a conviction of this offense to the Department of Motor Vehicles. This bill would make that misdemeanor only apply when the underlying charge is not an infraction. The bill would also remove the requirement for the court to report a conviction of this offense to the department. (4) Existing law authorizes the imposition of a civil assessment or the issuance of an arrest warrant when a person fails to make an installment payment on bail imposed by the court for an infraction violation of the Vehicle Code. Existing law also makes it a misdemeanor to fail to pay bail in installments or to fail to pay a fine imposed for the violation of a state or local traffic law. This bill would remove the misdemeanor for failure to pay a bail installment or fine if the original charge was an infraction. The bill would remove the authorization to issue an arrest warrant for failure to pay a bail installment. (5) Existing law, if a defendant does not appear at the time the case is called for a violation of the Vehicle Code, authorizes the court to declare the bail forfeited and order that no further proceedings be had in the case, or to issue a warrant for the arrest of the defendant. However, if a defendant is charged with specified crimes, including disposing of a flaming or glowing substance on or near a road and littering a highway, has previously been convicted of the same crime, and fails to appear at the time the case is called to trial, existing law authorizes the court to declare the bail forfeited and requires the court to issue a bench warrant for the arrest of the person charged, unless the magistrate finds that undue hardship will be imposed by requiring the defendant to appear. This bill would remove the requirement that the magistrate issue a bench warrant when the person has committed one of the crimes specified above.
Existing law requires a felony sentence punishable pursuant to specified provisions to be served in the county jail. Existing law requires these sentences to be served in the state prison if, among other things, the defendant has a current or prior serious or violent felony conviction or the defendant is required to register as a sex offender. This bill would additionally require the sentence to be served in the state prison if the sentence results in a total term of imprisonment exceeding 6 years.
Existing law prohibits the consideration of a person as a candidate for, and provides that the person is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes. This bill would additionally prohibit the consideration of a person as a candidate for, and provide that the person is not eligible to be elected to, any state or local elective office if they have been convicted of a felony involving sexual assault or human trafficking, as defined.
Existing law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes. This bill would prohibit a city or county from approving new land uses in a manner that authorize construction of a detention facility or changes of use that permit use of an existing building as a detention facility, as defined for purposes of these provisions. By adding to the duties of local officials, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a crime to intentionally disturb or disquiet an assemblage of people met for religious worship by profane discourse, rude or indecent behavior, or by any unnecessary noise. Existing law makes a violation of this crime a misdemeanor punishable by a fine not exceeding $1,000, by imprisonment in a county jail for a period not exceeding one year, or by both that fine and imprisonment. This bill would additionally make a violation of the above-described crime a felony punishable by a fine not exceeding $5,000, by imprisonment in a county jail for 16 months, or 2 or 3 years, or by both that fine and imprisonment. By making an existing crime punishable as either a misdemeanor or a felony, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law imposes various fees, contingent upon a criminal arrest, prosecution, or conviction, for the cost of administering the criminal justice system, including traffic violator school fees, costs for when a minor is adjudged a ward of the court, as specified, or costs incurred by a state or local agency for the disposal of various substances if the person is convicted of the sale, possession, or transportation of a controlled substance, as specified. This bill would repeal the authority to collect many of those fees, among others. The bill would make the unpaid balance of most court-imposed costs unenforceable and uncollectible and would require any portion of a judgment imposed by those costs to be vacated. The bill would relieve a person who is sentenced to state prison or confined in a county jail from being required to pay any trial court filing fees or costs related to the person's underlying criminal conviction. The bill would make related findings and declarations. The bill would also make various conforming changes.
Existing law, as added by the Victims' Bill of Rights, approved as Proposition 8 at the June 8, 1982, statewide primary election, and as amended by the Gang Violence and Juvenile Crime Prevention Act of 1998, approved as Proposition 21 at the March 7, 2000, statewide primary election, among other things, defines a serious felony. Existing law prohibits plea bargaining in a case in which a serious felony is charged and imposes a 5-year enhancement for conviction of a serious felony if the person has previously been convicted of a serious felony. This bill would include knowingly furnishing fentanyl and fentanyl analogs to a minor within the definition of a serious felony. By expanding the scope of an enhancement, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, if a person is convicted of either driving under the influence (DUI) of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug or driving while having 0.08% or more, by weight, of alcohol in the person's blood within 10 years of 2 separate violations of specified DUI offenses, or any combination thereof, that resulted in convictions, that person has committed an offense punishable by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified. This bill would, instead, make the above DUI conviction punishable as a wobbler by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine, as specified, or by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified. By increasing the punishment of a crime, this bill would impose a state-mandated local program. Under existing law, if a person is convicted of DUI and the offense occurred within 10 years of 3 or more separate violations for driving under the influence that resulted in specified convictions, that person has committed an offense punishable as either a misdemeanor or a felony. This bill would, instead, make the above DUI conviction punishable as a wobbler if the offense occurred within 10 years of 3 separate violations for driving under the influence that resulted in specified convictions, and punishable as a felony by imprisonment in the county jail for 16 months or 2 or 3 years and a fine, as specified, if the offense occurred within 10 years of 4 or more separate violations for driving under the influence that resulted in specified convictions. By increasing the punishment of a crime, this bill would impose a state-mandated local program. This bill would make conforming changes. This bill would incorporate additional changes to Sections 23546, 23550, and 23550.5 of the Vehicle Code proposed by AB 1830 to be operative only if this bill and AB 1830 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law makes it a misdemeanor to possess nitrous oxide with the intent of inhaling it for specified purposes, including to cause intoxication. Existing law also makes it a misdemeanor to sell nitrous oxide to any person under 18 years of age. Existing law makes it a misdemeanor to dispense nitrous oxide to a person and knowing that the person will use it for specified prohibited purposes, if that person then causes death or great bodily injury to themselves or another person. Under existing law, the Cigarette and Tobacco Products Licensing Act of 2003, the California Department of Tax and Fee Administration (CDTFA) administers and enforces a statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products. Existing law specifically requires a retailer, distributor, or wholesaler, as defined, to hold a license from the CDTFA to engage in the sale of cigarettes or tobacco products. Existing law subjects these licenses to suspension or revocation for violations of existing law. Existing law imposes specified noticing and posting requirements for retailer licenses that are revoked. A violation of these provisions is a misdemeanor. This bill would, except as specifically exempted, prohibit the sale and distribution of a nitrous oxide container that is capable of holding more than 8 grams of nitrous oxide or from which an individual may directly inhale nitrous oxide. The bill would also prohibit the sale and distribution of a nitrous oxide that has, or is marketed as having, the taste or smell of any food. The bill would prohibit knowingly selling or distributing a device that allows an individual to inhale nitrous oxide from the container or hold nitrous oxide for the purposes of inhalation. The bill would punish a violation of these provisions as an infraction, as specified. The bill would also authorize a court to suspend a business license if the business has a prior conviction for violating these prohibitions, and to revoke a license to sell tobacco products if the business has 2 prior convictions for violating these prohibitions. The bill would make any person, distributor, or business found to have violated these prohibitions liable for all reasonable costs incurred by a public agency in the investigation, inspection, seizure, storage, transportation, handling, venting, abatement, disposal, or destruction of nitrous oxide products, nitrous oxide containers, inhalation devices, or related materials involved in the violation, as specified. This bill would prohibit a person that is engaged in the business of selling cigarettes or tobacco products in this state from possessing, storing, owning, or selling nitrous oxide, in violation of the criminal provisions outlined above, at any site where cigarettes and tobacco products are stored or sold. The bill would authorize the CDTFA to seize nitrous oxide products, as prescribed. The bill would subject a violator to civil penalties in amounts depending on the aggregate retail value of the seized nitrous oxide and the number of violations within 5 years of the first violation. The bill would require the deposit of collected civil penalties in the Cigarette and Tobacco Products Compliance Fund. The bill would also subject a violator who commits a 2nd violation to license suspension and who commits a 3rd violation to license revocation, as prescribed. This bill would establish procedures for the CDTFA to follow for a court-ordered revocation. The bill would require the CDTFA to assess a $250 civil penalty for each revoked license and to deposit collected civil penalties into the fund, to be made available to the department, upon appropriation by the Legislature, for purposes of administering the bill. The bill would authorize a licensee to apply for a new license at the previously revoked location 6 months after the date of revocation and would authorize the CDTFA, at its discretion, to issue a new license. The bill would apply these noticing and posting requirements to a retailer subject to a court-ordered revocation pursuant to the bill. The California Constitution provides for the establishment of the State Board of Equalization, which, before July 1, 2017, had primary responsibility for most of the state's duties, powers, and responsibilities regarding the administration of taxes and fees. Existing law, on July 1, 2017, transferred to the CDTFA various duties, powers, and responsibilities of the State Board of Equalization, including administration of the Cigarette and Tobacco Products Licensing Act of 2003, as specified. This bill would change references in the provisions of the Cigarette and Tobacco Products Licensing Act of 2003 amended by this bill from the "State Board of Equalization" to the "California Department of Tax and Fee Administration" to reflect the transfer of the board's duties, powers, and responsibilities to the CDTFA. Because this bill would create new crimes, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, as amended by the Public Safety and Rehabilitation Act of 2016, enacted by Proposition 57 at the November 8, 2016, statewide general election, authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. Existing case law prohibits the use of a minor's statements made at a transfer hearing or to a probation officer from being used during a criminal prosecution of the minor transferred to the court of criminal jurisdiction. This bill would codify existing case law to prohibit the use of the minor's statements made during a transfer hearing or to the minor's probation officer for the purposes of preparing a report for a transfer hearing from being used against the minor during subsequent juvenile proceedings or subsequent criminal proceedings, as specified. This bill would state that the provisions of this bill are declaratory of existing law.
